TITLE 13
Criminals – Correctional Institutions

CHAPTER 13-8.1
Medical Parole

SECTION 13-8.1-3


§ 13-8.1-3. Definitions.

(a) "Permanently physically incapacitated" means suffering from a condition caused by injury, disease, illness, or cognitive insult such as dementia or persistent vegetative state, which, to a reasonable degree of medical certainty, permanently and irreversibly physically incapacitates the individual to the extent that the individual needs help with most of the activities that are necessary for independence such as feeding, toileting, dressing, and bathing and transferring, or no significant physical activity is possible, and the individual is confined to bed or a wheelchair.

(b) "Terminally ill" means suffering from a condition caused by injury (except self-inflicted injury), disease, or illness which, to a reasonable degree of medical certainty, is a life-limiting diagnosis that will lead to profound functional, cognitive and/or physical decline, and likely will result in death within eighteen (18) months.

(c) "Severely ill" means suffering from a significant and permanent or chronic physical and/or mental condition that: (1) Requires extensive medical and/or psychiatric treatment with little to no possibility of recovery; and (2) Precludes significant rehabilitation from further incarceration.

History of Section.
(P.L. 1999, ch. 297, § 1; P.L. 2011, ch. 151, art. 20, § 1; P.L. 2011, ch. 176, § 1; P.L. 2011, ch. 300, § 1; P.L. 2017, ch. 346, § 2; P.L. 2017, ch. 352, § 2.)